If a crime is committed as a juvenile, but discovered when that juvenile is an adult, is it a juvenile case or adult case?

Asked over 1 year ago - Hutchinson, KS

I know a couple of kids who are being accused of robbing a house. Whether or not it is true is yet to be found out.They are 16 and 17 years old. One of them turns 18 in a week. No arrests have been made, but I am wondering, if he is charged with this crime after he turns 18, will it be an adult case or a juvenile case beings he was 17 when the crime took place?

Attorney answers (3)

  1. Adebayo Ifasesan Kehinde Ogunmeno

    Contributor Level 12

    2

    Lawyers agree

    Answered . It will most likely be charged as a juvenile case. However, the prosecutor may request that the case be prosecuted as an adult case. Depending on the severity of the confrontation during the robbery, whether people were in the house when the robbery occurred, whether anyone was injured, etc., all these factors may affect whether kids will be prosecuted as adults. I suggest you contact local attorney, call or email and I can answer some few questions for you. Good luck.

  2. Paul Darrell Cramm

    Pro

    Contributor Level 5

    1

    Lawyer agrees

    Answered . The general rule is that the individual would be charged according to his status when the crime was committed, not when the crime was discovered. This is loosely analogous to the general requirement that courts apply the statutes and penalty provisions that existed at the time a crime was committed. However, it is also true that the prosecutor may file a motion to waive the individuals to adult status based on statutory factors including the severity of the offense, whether or not the offense would constitute a 'person' crime if commmitted by an adult, whether or not the individuals have prior juvenile adjudications, and the age of the individual. At age 18, it is likely that there are comparatively fewer available resources in the juvenile system. Definitely contact a criminal defense attorney with experience in the juvenile system.

  3. James Regan

    Pro

    Contributor Level 20

    Answered . Most likely charged as an adult. They need attorneys before the police catch them.


    There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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